STATE OF FLORIDA a ry DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION » 9 FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 200083193 200084209 HERBERT A. BLOCK, 200084210 ASHER KIMCHI AND KENDALL WEST REALTY, INC. Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Herbert A. Block, Asher Kimchi and Kendall West Realty, Inc. (“Respondents”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1, Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated pursuant thereto. 2. Respondent Herbert A. Block is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0552291 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active salesperson at Kendall West Realty, Inc., FDBPR vs Herbert A. Block FDBPR Case N° 200083193 Administrative Complaint 13500 N. Kendall Drive #215, Miami, Florida 33186. 3. Respondent Asher Kimchi is and was at all times material hereto a licensed Florida real estate broker, issued license number 0111864 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker at Kendall West Realty, Inc., 13500 N. Kendall Drive #215, Miami, Florida 33186. 4. Respondent Kendall West Realty, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 0182778 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 13500 N. Kendall Drive #215, Miami, Florida 33186. 5. At all times material hereto, Respondent Asher Kimchi was licensed and operating as qualifying broker and officer of Respondent Kendall West Realty, Inc. 6. On or about September 30, 1998, Respondent Realty’s real estate license became involuntary inactive for non-renewal. 7. On or about September 30, 1998, Respondent Block’s real estate license became involuntary inactive when Respondent Reaity’s license was canceled. 8. On or about October 7, 1999, Respondent Block renewed his real estate license but did not register an employer. 9. On or about April 1, 1999, Respondent Realty reinstated the real estate license. 10. On or about October 10, 2000, Respondent Kimchi became broker of record for FDBPR vs Herbert A. Block FDBPR Case N° 200083193 Administrative Complaint Respondent Realty. 11. On or about September 23, 2000, Respondent Block facilitated a Purchase and Sale contract between Moshe and Julia Averbuck (Seller) and Beth-Ann Gan (Buyer) for property commonly known as 3900 North Hills Drive, Unit 101, Hollywood, Florida. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 12. At the time the parties signed the contract, Respondent Block told the Sellers that the Buyer was approved for up to $120,000. 13. At the time the parties signed the contract, the Buyer and Seller altered the contract to require that the Buyer deposit $6,000 escrow. 14. The contract designated Respondent Realty as the escrow agent. 15. On or about September 26, 2000, the Sellers requested from Respondent Block a copy of the escrow check and the approval letter. 16. On or about October 2, 2000, the Sellers contacted Respondent Kimchi to verify the receipt of the $6,000 escrow money. Respondent Kimchi informed the Seller that only $1,000 was being held in escrow for the subject property. COUNT I Based upon the foregoing, Respondent Herbert A. Block is guilty of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. FDBPR vs Herbert A. Block FDBPR Case N*® 200083193 Administrative Complaint ESSENTIAL ALELGATIONS OF MATERIAL FACT 17. Reallege paragraphs 1-10 and incorporates them herein. 18. On or about November 8, 2000, Petitioner’s investigator conducted an office inspection of Respondent Kimchi and Respondent Realty’s business records. 19. The inspection revealed that Respondent Block was not registered with the Petitioner as an employee of Respondent Realty. 20. The audit further revealed Respondent Realty and Respondent Kimchi has paid commissions to Respondent Block from November of 1998 to June of 2000. A copy of the commission payment report is attached hereto and incorporated herein as Administrative Complaint Exhibit, COUNT II Based upon the foregoing, Respondent Herbert A. Block is guilty of having operated as a salesperson for a person other than his registered employer in violation of Section 475.42(1)(b), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes, COUNT II Based upon the foregoing, Respondent Asher Kimchi is guilty of sharing a commission with, or paid a fee or other compensation to, a person not properly licensed as a broker, broker-salesperson, or salesperson under the laws of this state, for the referral of real estate business, clients, prospects, or customers, or for any one or more of the services set forth in Section 475.01(1)(c), Florida Statutes and, FDBPR vs Herbert A. Block FDBPR Case N° 200083193 Administrative Complaint therefore, in violation of Section 475.25(1)(h), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Kendall West Realty, Inc. is guilty of sharing a commission with, or paid a fee or other compensation to, a person not properly licensed as a broker, broker-salesperson, or salesperson under the laws of this state, for the referral of real estate business, clients, prospects, or customers, or for any one or more of the services set forth in Section 475.01 (1\(c), Florida Statutes and, therefore, in violation of Section 475.25(1)(h), Florida Statutes, WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes (1999) and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), FDBPR vs Herbert A. Block FDBPR Case N° 200083193 Administrative Complaint include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, Tequiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes (1999) and Florida Administrative Code Rule 61J2-24.001. SIGNED this (9 dayof__ (Qc , 2001. Professional Regulation By: Director, Division of Real Estate FDBPR vs Herbert A. Block FDBPR Case N° 200083193 Administrative Complaint ATTORNEY FOR PETITIONER Juana Watkins Florida Bar N° 0192112 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bidg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX JW/k PCP: ~DS/CS 10/01 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order 7 FDBPR vs Herbert A. Block FDBPR Case N° 200083193 Administrative Complaint which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. Hors Address COrymn rc Q [5 2 6 tght fixtures, attached in the purchase are. WE 2. PURCHASE PRICE: Sys “(ays 000.00 1. SALE AND PURCHASE: AERALD HILLS COUNTRY CLUB APTS together wih ail impror Residential Sale and Purchase FLORICA ASSOCIAT.ON CF AZALTORS® agree to seli and buy on the terms and Conditions specified below the Properly described ag an 3800.N HILLS DRIVE UNIT 1) 1D. FLORIDA 33624__ Tax 10 ements and attached items, incl wail-to-valt Carpeting, rods, draper PRICE AND FINANCING — for a SRE_AND JULIA AVERBUCK ONDO UNIT 191 BLDA 3390 ing fixtures, built-in furrish i urchase ts refered to as the + AS8 price, has no contributory value and is deing Jett for $... -...981900..00 payable by Buyer in U.S. curret Deposit received {checks are Subject to clearance} |... Contract Coun No: eHi7g fans, ‘S$ inciuded 5 foliows: 2423/2000 neem CY (Escrow Agent") KENDALL WES: See Additional depesitto be mace by _ Total Financing (seq Paragraph 3 batov Other; fete wee eee ee Balance to close {not inctuding Buyer's glosing costs, Prepaid iterns pl fh Paid at closing must be paid by locally drawn cashier's check or official Dank cneck cr Kc THC. Naneo! C ¥ 27 3. FINANCING: (Check as applicable) “7 (a) Buyer will Day cash for the Property with no financing contingency (>) This Contract is contingent on Buyer quaiifying and obtaining (1) and 2g" (if left blank then Closing Date or within 30 days trom Ettectve Da: SOs (1) Acommitment for news Conwentionai | FHA. VA financing tor $ “21 any applicable PMI, MIP. VA fa aymant Bnrmntal ame 35 diligence ant good faith, 37 unable to renegotiate the days trom Eff pater ly Date (5 days we EP at purchase price. Upon cancellation, Buyer wili Nding fee} at the prevailing interest rate ard 32°!" (2) Approval for Sellar financing er assumption cf mortgage (see atlached acdendum). 33°, Buyerwill apply for Financing within ti t i Cannot obtain the Financing, (including meeting ft 33 is denied because the Property appraises below the Purchase price and for{2)below(ihe "Finaneing*}by |. fe. whichever occurs first} (Financing Pericd*): or Ge Of the purchase erice (cius lif FHA cr VA, see attached ad im}. if left blank) and wit timely provide any and af cre Finns eanenl thin Cratesct fk Bune stine + terms of the commument), o: fii) the Financing ¢ Buyer elacts not to procasd or the parties are - feturn all Seller-provided tilla evidence. survays and 38 association documents and Buyer's deposit(s} will be returned after Escrow Agent receives proper authorization tom al!” 42° interested parties. CLOSING 41° 4. CLOSING DATE; OCCUPANCY: This Contract will te closed and the ceed anc possessiondaliveradon /BEFORE..£ /4B/2090 - 42 (*Ciosing Date"), uniess extended by other provisions ct this Contract. The Properly will ba swept claan acd Saller's parsonai terns ig Date. tt on Closing Datainsurance underitingis suspended, Buyer may posipene 55° insurance; Other: 53° select the title agent. 60° % (2) Selier wi pro 58 (¢LTitle Evidence and insurance: Check (l)or (2). 7° {.. (1) Salter will provide a Par ragraph 10{a)(1) owner's tite Insurance commitment as tit ‘and mortgages; recording fees on the deed and expensos; pending special assessment liens: lender's title Pelicy: inspections; survey; toed fe evidence. 7) Seller 7} Buyer will LiSener |_ Buyer viii pay for the owner's titte policy, search, examiration and telated charges. $9 Each party wilt pay its own closing fees. Pa Wide title aviden C8 aS spacified in Paragraph 10(aX(2). [) Seller X Buyer wid pay for the cemar's titia 61 policy and select the tile agent. Seller will pay fees for title searches prior to closii ding lax search and tien 62 saarch fees, and Buyer will pay fees for title searches after closing {if ary), tille examination fees and sicsing fo3¢ 63 {d) Prorations: The following items will be mace current (if sppiicable) and prorated as ot the day before Clesing Dare: rea! 84 estate faxes, interest, bonds, assessments, association fees. insurance. rents and other current expenses and ravenues ch 65 the Property. If taxes and assessment 7 {e) Tax Withholding: $3 Seller to provide addi 69° (t) Home Warrant: zor Castnottoexceeds _ Systems and major b 73’ 6. INSPECTION PERIOD 74" (within 10 days from &! agreea 78 oor ary ar FAR-5 ba 90°d )and Seller as Ee Buyer and Seiler will comply with the Forgign Is tor the current year cannot be determined, the previous Los} adjustment for exemptions and improvements Buyer is resconsible far Property tax increases de toc year's rates wili be used ge in camership which may require Invastment in Real Prope-ly Tax Act lonal cash at clasing it Seller is a "foreign person" as defined by federal lav: appliances in the event of breakdown due 4 PROPERTY CONDITION S$: Buyer will complete the ins; bla to the parties. i Buyer."] Setter N/Awill pay for ahome warranty planissuedby _ teen on —-—— . Anome warranty plan provides for repair or replacement of many of a here's mechanical pections referenced in Paragraphs TandB(a}2) by ttectiva Date H left blank) (Inspection Period"); the wood- (prise to Closing. Itieft bianx): and the walk-through inspection on the day befor ata ‘o nermai wear and tear durng the agreement period toying erganis: opy of this page, which is Page 1 ct 4 Pages E POMP LA ine 5-2” d9T?10 00-£1-Bny Auaq-13-00 01:20P P.O7 78 ¥. REAL PROPERTY DISCLOSURE: Seller represents that Seller doss not knew of any facts that materially affect the value of 79 the Property, including violations of govei ‘agulations, other than those that Buyer can readily observe 80 or thal are known by or have been disclosed to. Buyer, 81 iding Energy-Elficiency Rating System brochure. {f 82 lum. 83 a4 86 nsed person 87 ler may choose to reduce the radon 83 eval to an acceptabia EPA level, 89 {c} Flood Zone: Buyer is advise: appropriate government agancies whict focd 90 Zona the Property is in, whether flood insurance is tequired and what restrictions etuilding nN inthe avent cf casualty. ifthe Property is ina Speciat Flocd Hazard Araa or Coas uildings are built $2 is Contract by dalivering written notice to Seller wiltun 2U days from 93 i gration of the Proper 94 Y¥, af asscciauon disclosure 98 summary is attached ard incorporated inte this Contract BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL BUYER g6 HAS RECEIVED AND READ THE DISCLOSURE SUMMAR' 97 8, MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same condition trom Effective Oate until 164° FAaS§ This fe: (1) Warranty: Seller warrants tha’ non-leased major appliances and heating, costing, mechanica’, ectrical. secur'ty, Sprinkler, saptic and plumbing systems, seawall, dock and Foo! equipment, if any, are and will be maintained in working condition until closing: that the structures {including roots) and pool, it any, are structuralty sound and watertight; and that tne Property has proper permits. Seller doas Not warrant and is not required to repair cosmetic conditio S, unlass the cosmetic condition resulted trom a defect in a warranted item, Seller is not obligated to tring any item compliance with existing building code regulations unless necessary to repair a warranted item. “Working conciticr” means eperating in the manner in which the itam was designed lo operate and “cosmetic conditions” Means aasthatic impertections that do not affect the working condition of the itam, Inciuding pitted marcite; missing or torn screens: fogged windows. tears, worn spots and discolcraticn of fleor coverings / wallpapers / window treatments; nat neles. days from the end of the Inspection Pericd, deliver verte earer € the inerentate uritian ranert if Any te iver timely written notice, Buyer waivas Seller's warranty and aCcepts tne ites listed in subparagraph (a) in their “as is* conditions, except that Seller must mest the maintanance requirament, (3) Repair: Salier is cbligated Only to maka rapairs necessary to bring warranted items into the condition warrantud, up by an appropriately licensed perscn. If the cost to repair warranted Items exceeds the Repair Limit, either party may cancel this Contract unless either party pays the excess or Buyer designates which repairs to make al a total cost to beetles, oldhouse borers and wood-decaying fungi, that Buyes may, at Buyer's expense ard prior taclosing, have the Property inspected by a Floridadicersed pest contra! businsss to determine the existence of past or present weod-destroying organism infestation and damage caused by intestalion. if the inspector finds evidence ol intastation or damage, Buyer wili deliver a copy of the inspector's written report to Selter within 5 Gays from the date cf the inspection. Seller is not obligated to treat the Property if ait of the following apply (i) there is no visitle tive Infestation, (ii) the Property has previously been treated, ard {iil} Seller transfers a current full treatmert control business. Seller will have treatments and repairs made by an appropriataly licensed person at Seller's expense up to the Termite Repair Limit. H the cost to treat and repair the Property exceeds the Termite Fepair Limit, either parly may pay the excess, falting which either party may cancel this Contract. If Buyer fails to timoly deliver the inspecter's written teport, Buyer accepts the Property *as is* with regard to wood-destroying organism infestation and damage, subject to the TITLE 10. TITLE: Seller with convey Marketable title tothe Praperty by Stalutory warranty deed or trustee, Personal representative or guarciar: deed as appropriate to Seller's status. (8) Title Evidence: Title evidance will show legal accass to the Property and marketabie titte of record in Seller in accordance with Current titla standards adopted by the Florida Bar, sudject oniy to the following title exceptions, none of which prevent residential use of the Property: covenants, easements and restrictions of record: matters of pial; existing zoning and government tegulations; oil, gas and mineral rights of racerdif thereis no right cf entry: currenttaxes; mortgages Ihat Buyer will assuma; and encumbrances that Seller ‘witi discharge at orbofare closing. Seller will, priorto closing, detiver to Buyer Selier's choice of one of the following types of title evidence, which must be generally accepted in the county where the Property is iccated (spacily in Paragraph S(c) the selected type). Seller vill use option (1) in Paim Beach County and option (2) in Dada County. - (1) A Ulle insurance commitment issued by a Florida-licenced title inaurer in the annount of the purchase price and Buyer( Br .-..Jand Setter acknowledge receipt of a copy of this page, which Is Page 2 of 4 Pages. ! Rey 1098 ©1998 Foride Association of REAMOASS “IST, RATIVE GOrdp BoD RET. nim is heenzed for use «th Fasrruseter® Forrs Software by ISG McAlister Poppa. Ine 800 236.1097 At AA rr rl RS Aug-13-00 01:25P P.os 169 @s a base lor relssuance ct coverage. Seller will pay for copies of all policy exceptions and an update in a format 170 acceptable to Buyer's closing agent from the Policy effective date and certified to Buyer or Buyer's closing agsnt, 171 together with coy of ali documents recited in the prior Policy and in the update. If a prior policy is not available to f V7 Date or within 10 days [rom Buyer's receipt cf Seller's notice it Closing Dale has passed. if Seller is urable to cure the 178 defects within the Curathe Period, Seller will deliver written nctice to Buyer and Buyer will, within 10 days from receipt of 183 MISCELLANEOUS 187 11. EFFECTIVE DATE; TIME: The ‘Effective Data* of this Contract is the data on which the last cf the parties initials or signs the 188 talastoffer. Time is of the essence forall provisions of this Contract. A!l time periods wiil be compules in busines & 183 “business Gay” is every calendar day except Saturday, Sunday and national tegal holidays). if any deadline falls en a 190 Saturday, Sunday cr national fega’ holiday, performance will be due the next businass day. All time pericds will 191 end at 5:00 p.m. Iecai time {meaning in the county where the Property is located) of the appropriate day. 192 12. NOTICES: All notices will be made tothe partias and Broker by mail, personal delivery or siectrenic madian Buyer's failure 193 (o deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will render 154 that contingency null and void and the Contract will be construed as if the contingency did not exist 195 13, COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except tor brokerage 193 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract, 197 Modifications of this Contract wilt not be binding unless In writing, signed and deliverad by thé party to be hound. Signatures, 39€ initia's, documents referenced in this Contract, counterparts and writtan modifications Communicated electronically or on paper 199 will be acceptable for all purposes, Including dalivery, and witt be binding. Handwritten or typewritten terms inserted in or 200 attached to this Contract prevail over preprinted terms. It any provision of this Contract is er becomes invaid or unenlorceab.a 2C1 all remaining provisions will continue to be fully effective, This Contract will not te recorded in any public records. 202 14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign tins Contract witnuut Seiter's writen consent, fire vettis 203 Buyer," “Setler,” and ‘Broker* may be singular of plural. This Contract Is binding on the hairs, administrators, executors, 264 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. mo 205 OEFAULT AND DISPUTE RESOLUTION . 28 18, DEFAULT: (a) Seller Default: I tor any reason other than failure of Seller to make Seller's title marketable after diligent eftort 207 Seller taiis, refuses of negiests to perform this Conliacl, Buyer fay Choose lo receive & return of Buyer's deposi without 268 waiving the right to seak damages or to seek specific performance as per Paragraph 16. Seller will also be liabie to Broker for 209 the ful! amount of the brokerage fee. (b) Buyer Default: If Buyerfaits 10 perform this Contract within the time speciied. including 210 timely payment of ail deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated 211 damages or to seek specific performance as Per Paragraph 16: and Groker will, upon demand. receive 50% of ait deposits 212 paid and agread to be paid (to bs split equally among cocperating drckers) up to the full amount of the brokerage fee. 213 18, DISPUTE RESOLUTION: This Contract will be construed under Florida law. All Controversies, claims and other matters in 214 question arising out of ot relating to this transaction aor this Contract or its breach will be settied as follows: 215 (2) Disputes cancerning entitiement to deposits made and agreed to be made: Buyer and Sellar will have 3C days from the 216 date conflicting demands are made to attempt to resolve the dispute through mediation. #f that fails, Escrow Agort will 217 subrnil the dispute, If so raquired by Florida law, to Escrow Agent's choice of arbitration, a Florida cour! or tha Florida Real 218 Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. . 219 (b} All other digputes: Buyer and Seller will have 30 days trom the date a dispute arises between them to attempt to 226 fesolve the matter through mediation, failing which the parties will rasolve the dispute through neutral binding arbitration 230 imeadiator agreed on by the parties. The parties will equally divide the mediation fee, if any. *Arbitration’ is a process in 234 which the parties resolve a dispute by a hearing before a neutral person who decides the matter and vinose decision is 232 binding on the parties. Arbitration will be in accordance with the rules of the American Arbitration Asscciaticn or otner en arbitrator agreed on by the parties. Each Party to any arbitration will pay its own fees. cosis and expenses, inciuding 24 anorneys’ leas, and will equally split the arbitrators’ fees and administrative tees of arbitration. 235 ESCROW AGENT AND BROKER 236 17, ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, depusit andhaid funds and ether iieens int agcr 237 subject te claarance, disburse them upon proper authorization and in accordance with the terms of this Contr; 238 disbursing b-okerags 223. The Partles agree that Escrow Agent will not be liabla to any person for misdelivery uf escroy 233 Buyer or Seller,urless the misdelivery is dusto Escrow Agent's wilitul breachof this Contract or g0Ss negiigarce. H Escrow Agent 240 interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover 241 reasonable attorneys’ fees andcosts lobe paid from the escrowed tunds Or equivaiant and charged and awarded as court costs in 262 faver of the prevailing party. All claims against Escrow Agent will be arbitrated, so lang as Es2row Agentcunsants teartitrata. 1 : 4 . 243° Buyer(_ ( ) and Seiler fi acknowledge receipt of a copy of this Page, which is Page 3 of 4 Pays. ; Bhs ue rr en FAR-5 + Rev. 1393 01998 Florida Association AAGALTOHSE. PALS COMAPEQRE ppv? This hun is Teonses fot use wim Farmulatar® Forms Sotware by ISG McAlister Publishing. ine. 800-230-107 AGT i mA Giz» 244 18, PROFESSIONAL ADVICE: BROKER LIABILI 245 are important to them and to consult an 246 determinirg the elfect of laws cn the Property and Wransaction, stat 247 for tax. property condition, environmental and other Specialized a 248 Property and that ail faprosentations {orai, written or otherwisa) by! 243 unless Broker incicat ler, professional inspectors and facts that materially affect Property ‘oker's referral. recommendation or retantion of any red by any vendor. Buyer and Seller each assume fui! s. This paragraph will not relieve Broker of Statutory ty t0 this Contract. This paragraph will survive clesing, 19. BROKERS: The licensests) and brokerage(s} named below are collectively referred to as “Broker*. Seller and Buyer acknowedge ihal the prokeragais} named below are the procuringcause ot this transaction. Instruction to Closing Agent: Seller and Buyer direct closing ager to disburse at Closing the full amoun: of the brokerage fees as specified in Separate brokerage agreements with the parties and cooperative agreements kelween the brokers, unless Broker has retained such fees from the escrowed funds. In the absence of such brokerage agreements. tiosing agent will disburse brokerage fees as indicated below. Aiea! Estate Licensee BENDALL WEST REALTY, ING, “Raal Estate Licensee 8-ckerage*Brokerags fea 3.0% @raga7 Brokorage Fea : 259 AOQDENDA AND ADDITIONAL TERMS . 270 20, ADDENDA: The following additional tarms are Included in addenda and incorporated into this Cartract {check if applicasle} 71° X A Conuc. Assn. iJ G. New Mort, Rates .. M. Housing Older Persons. ui S. Sate of Buyer's Property . B. Homeormers'Assn. [] H. Asis w/Right to Inspect “= N.Unimproved/ag, Proo. it 7. Rezoning 273° C. Seller Financing {7 1. Self-tnspections iJ O. interest-BearingAccount “] U. Assignment 274°? D. Mort. Assumption |! J. insulation Disclosure (i P. Back-up Contract. X V. Prop. Oisclosure Stmt. '. &. FHA Financing L K. Pre-1978 Housing Suimt.(LBP) 5X Q. Broker-Pers. int.in Prop. {_ Other 276°!) F.VA Financing [. L. Flood insurance Regd £7 R. Rentals FZ Other 21. AODITIONAL TERMS: RIGERATOR REPLACEMENT —_——-—__—-. STS. BELLER TO PAY ALL OF..SELLER’S COSTS, 287 Thisisintendedtobea legally binding contract. If not fully understood, seek the advice of an attorney priorto signing. 283 OFFER AND ACCEPTANCE . . 289° (Check If applicable: "] Buyer racelved a written real Groperty disclosure statement from Seller before making this Offer.) 290 Buyer offers to purchase the Property on the above tarms and conditions. Unlass this Contract is signed by Selierandacopy 291° deliverad to Buyer nolster than. am. fd p.mon . . this offer will be revoked 292 and Buyer's deposit rafuridad subject to clearance of funds. . if 293" Oates 0 Buyer: —Sefhr- Gury. Print name: Buyer: * Tax IO/SSN: re Tax ID/SSIN: Address: 300° Print name: MOSHE AYERBUCH, |. \_ 301° Date: —.-... Seller: ‘ ey Tax iD/SSN: _ nen 302° | —-—STDRTA_ANERRUCH 0 303° Phone: 984 981.9569. ween ncn an SOOO SOBAZEN DRIVE oe ee 304" Fax: 984 984.3380 + ___~_____ HOLEXWOOD_¥L 33021. - 3C$° 7") Setlor counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offerac terms and deliver a copy ~ _—). T Seller rejects Buyer's citer. 308° of the acceptance to Sailer by 5:50 p.m. on Effective De: (The date on which the last party signed or initiale \ A SAA) acknowledge receipt of a copy of this Page, which is Page 4 of 4 Pages ceptance of the final oft a air, 308° Buyer aagu__y and Setter ( CO} ra The Ficrida Association of REALTORS® and local Bnard/Assaciation of ACALTORS® make na representation as to tha leaal vaiidlty or adequacy of ary Gl ovesion of thia form in any specific iransacticn, This Standardized form showld no! be used in complex I: ansactions Or wiih extensive riders cr . adcitiors. Tha (crm is avallatle tor use by the entire rea! estate industry and ls nat intended to identity tha usar as @ REALTOR®. REALTOR® is a ragistsr ad collective mwindershig mark that may be used only by ival estate feensaas who are members of the National Asscciatron cf REALTORS® aed who subscribe ta its Code of Ethics acsimile or = AP RIN & Ail Fighls Reservas The Couvelght laws of the United Slates (17 U.S, Code} fornid the unauthorized reprodagtice ot blark forms by any maans irs comoutarizad farms As! : 7 FARS Rov. 10/98 ©1968 Florida Association of REALT OASE This turer is Leenzed tor use w. th Feemulator® Forms Setware by ISS McAllister Publishing 1 60°d - d6Z2:10 00-€t-Bny Printname: _ . oe i ence, 47 $n ES ENN AM Residential Sale and Purchase Contract: . Comprehensive Addendum FLORIDA ASSOCIATION OF REALTORS® _ MOSHE AND JULIA AVERSICH (Setter) The clases below will be incernoratecinta the Contrast bats 1 is September 23. 1954 and ecerdanca with applicaie ate of transfer and will Oparty. 75° Stated i. 1 - housing for persens who are (t62 years of age ang older. "7 55 years of age and older. Tr FARS-5 Bevis G4a56 Flatica Association of REALTORS® All Rights Reserved Thies fares uy ics with Formutator* Forms Software py ISS McAllister Pupiistfing.” cS sna thanpetneneseee tener : PHONE NO. 2 3853777122 NOU. 14.2008 11:458M P 3 OM + Kendall West Realty, Inc. PHONE NO. : 3@5 385 didi mu Herb Block Commission & Salary Payments 10/1/98 to 11/8/2000 10/16/98 9660 10/30/98 9677 11/19/88 3/2/89 3/31/99 EIA, 47/99 | 00: 5/6/99 9830 $580.00 | Salary 5/28/99 9839 $580.00 Salary 6/30/99 9872 $300.00 | Salary 7/2199 9874| $230.00 | Salary 7/30/99 9909 $290.00 | Salary 9/4/99 9942 $1,125.00 | Salary & Gresham Commission [40/1/98 9971 $300.00 | Sala 11/1/99 |: 10010 $580.00 | Sala = 1112/99 10029 $200.00 | Sala 1/5/00 10086 $550.00 | Sala |___ 1/11/00 10088 Gresham Commission 2/2/00 Sala _.. 5/19/00 10211 $2,268.00 | Garrie! Commission & Sala 6/15/00 10222 $336.00 | Stark Commission 6/15/00 10223 | $432.00 | Gonzalez Commission | ____ 9/15/00 10330 ‘$800.00 | Salary a ce eee EXHIBIT. 1 PAGE F/ nese

Docket for Case No: 04-000001PL

Issue Date	Proceedings
Feb. 05, 2004	Order Closing File. CASE CLOSED.
Feb. 05, 2004	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jan. 29, 2004	Petitioner`s Notice of Filing Petitioner`s First Request for Admissions and Interrogatories (filed via facsimile).
Jan. 21, 2004	Order of Pre-hearing Instructions.
Jan. 21, 2004	Notice of Hearing (hearing set for March 1, 2004; 1:00 p.m.; Miami, FL).
Jan. 12, 2004	Unilateral Response to Initial Order (filed by Petitioner via facsimile).
Jan. 05, 2004	Initial Order.
Jan. 02, 2004	Administrative Complaint filed.
Jan. 02, 2004	Election of Rights filed.
Jan. 02, 2004	Agency referral filed.